But if you choose to transfer money or property to a family member while you are alive, and you don't clearly state the terms, that can give rise to problems later. The probate court will try its best to settle any disputes, but you won't be there to present your side anyway, which adds doubt to the issue. This may impact the shares of your estate that your other beneficiaries receive.
Best practice: If you give money to somebody, whether as an advance against their inheritance, or as a loan or as a gift, make sure you are clear as to the terms, and put it in writing. Even if the recipient is a trusted loved one in your family. This can reduce the chance of family squabbles after you are gone.
If the transfer is a gift, the recipient owes no money to the estate and it's theirs to keep. However, if the gift amount is greater than the $15,000 annual gift exclusion (2020), you will need to file a gift tax return with the IRS and Minnesota Dept. of Revenue.
If the money was
transferred as a loan, the recipient must pay it back, either to you while
you're alive, or to your estate, and with interest--at the Applicable Federal Rate (AFR). But the transfer must include some writing that clearly states that it was a loan. Failure to repay the loan may cause hard feelings later among other
heirs, so it is important to set up a written plan for the recipient to repay
the amount. You could also add language in your Will stating that any unpaid balance owed the estate by the beneficiary will be deducted from that beneficiary's share.
If there is no evidence in writing that the transfer was a loan, under Minnesota law the court will assume that the transfer was a gift.
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Talk to your estate planning attorney about how to set up a transfer to a family member that protects the interests of all of your heirs. This will help prevent family disputes later.